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(영문) 서울고등법원 2014.06.26 2014노296
성폭력범죄의처벌등에관한특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court of first instance that ordered a foreigner to disclose and notify personal information to the defendant is erroneous in the misapprehension of legal principles in the judgment of the court of first instance, which affected the conclusion of the judgment, since the foreigner was forced to leave the Republic of Korea immediately after the release of the first trial suspension period and the entry into the Republic of Korea is not allowed for the next five years under the Immigration Control Act.

B. The sentence of sentence on the first instance of unfair sentencing (one year of suspended execution for three years of imprisonment, 40 hours of attending sexual assault treatment lectures, and 4 years of disclosure and notification of personal information) is too unreasonable.

2. Determination:

A. In determining the misapprehension of the legal principles, if five years have not yet passed since a foreigner left the Republic of Korea after receiving a deportation order (Article 11(1)6 of the Immigration Control Act), the domestic entry prohibition is prohibited (Article 11(1) of the Immigration Control Act). However, the competent administrative agency may grant conditional entry permission to examine the case, and thus, the defendant's stay in the Republic of Korea is not entirely impossible during the period of disclosure and notification of personal information. Thus, it is difficult to view that the Immigration Control Act stipulates cases where five years have not yet passed since the foreigner entered the Republic of Korea as grounds for prohibition of entry, there is no special circumstance that the foreigner should not disclose or notify the defendant's personal information. On the other hand, considering all the circumstances indicated in the record, the first instance court's issuance

Therefore, the defendant's assertion of legal principles is not accepted.

B. The instant crime of determining unfair sentencing is an attempted attempt to have sexual intercourse by inducing the victim of 13 years of age with intellectual disability to the telecom, and the nature of the instant crime is not weak.

Defendant.

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